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2011051610 - Town Council Meeting Minutes of May 2, 2011DRAFT Council /Agency Meeting 5/16/11 Item # i D MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY /REDEVELOPMENT AGENCY MEETING MAY 2, 2011 The Town Council of the Town of Los Gatos conducted a Meeting on Monday, May 2, 2011 at 7:00 P.M. TOWN COUNCIL /PARKING AUTHORITY /REDEVELOPMENT AGENCY CLOSED SESSION BEGAN AT 6:00 P.M. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector. Absent: None. PLEDGE OF ALLEGIANCE Rodd Farhadi, Los Gatos Youth Commissioner led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Proclamation Affordable Housing Week - Mayor Joe Pirzynski proclaimed the week of April 30, 2011 to May 7, 2011 as Affordable Housing Week. - Kevin Zwick, Executive Director, Housing Trust of Santa Clara County and Stephanie Kass (senior resident) accepted the proclamation on behalf of the Town. - Mr. Zwick invited the community to attend the Housing Trust Summit being held Thursday, May 7, 2011. - Ms. Kass commented about the benefits she has experienced as an occupant of an affordable housing unit. Building Safety Month - Mayor Joe Pirzynski proclaimed the month of May as Building Safety Month. - Michael Machado, Building Official accepted the proclamation on behalf of the Town. Page 1 CLOSED SESSION REPORT CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below: Town Negotiators (Lead): Rum! Portillo, Human Resources Director and Greg Larson, Town Manager Employee Organizations: Management Employees, Confidential Employees, Town Employees Association (TEA), American Federation of State, County, and Municipal Employees Local No. 101 (AFSCME), and Los Gatos Police Officers Association (POA) Ms. Propp stated that no action was taken. TOWN COUNCIL COUNCILITOWN MANAGER REPORTS Council Matters - There were no Council Matters for this meeting. Manager Matters - Mr. Larson announced that the Town has won the grand prize award for Economic Development promotions from the California Association for Local Economic Development for the Town's and the Chamber's 2" Saturday's program. - Commented that the Parks and Public Works Department has two projects that they will be working on this week. 1) Staff will be planting 24 trees along Highway 9 between Alberto Way and University Avenue. 2) Staff will be completing the ADA pathway project at Oak Meadow Park during the week of May 9, 2011. Did You Know ?? Student Commissioners Nicky Robinson, Youth Commission Chair - Commented that student commissioners are Los Gatos youth interested in getting involved in their community to make a difference. - Commented the student members serve as advisory bodies to the Town Council on youth - related issues. - Commented that applications are due for the current student recruitment on May 16, 2011. - Commented that more information and applications can be found by visiting the Town's website at www.LosGatosCa.gov or by contacting Jackie Rose, Clerk Administrator at 408 - 354 -6853. Page 2 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt resolution consenting to allow the Los Gatos Commons Homeowners Association to change the age restriction for the senior housing development located at 445 Alberto Way. APNS: 529 -46 -001 through 529 -46 -066 and 529 -47 -001 through 529- 47 -004. RESOLUTION 2011 -024 2. Authorize the Town Manager to accept County of Santa Clara Public Health Department Tobacco Prevention Initiatives Grant Funds in the total amount of $39,012.72. 3. PPW Job No. 10 -08 Fiscal Year 2010/11 - Curb, Gutter, and Sidewalk Replacement Project - Approve plans and specifications for Curb, Gutter, and Sidewalk Replacement Project and authorize staff to advertise the project for bids. 4. West Valley Clean Water Program Budget - Approve the FY 2011/12 West Valley Clean Water Program Budget and authorize the West Valley Sanitation District to collect program related fees on behalf of the Town of Los Gatos. TOWN COUNCIL/REDEVELOPMENT AGENCY 5. Approve Council /Agency minutes of April 18, 2011. MOTION: Motion by Vice Mayor Steve Rice to approve Consent Items #1 -5. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS (Up to three minutes may be allotted to each speaker to address matters that are not on tonight's agenda.) Mr. Mangano - Expressed concerns about the Union Avenue project and feels that the contractor has not fulfilled the Mitigation Monitoring Plan. - Expressed concerns that the Town has not fulfilled their part of monitoring the Mitigation Plan for the project. Mr. Mitchell - Expressed concerns about the development process for the Union Avenue project. - Expressed concerns about Town Code violations associated with the proposed project. rage 3 Verbal Communications - Continued Mr. Arzie - Expressed concerns about the loss of retail establishments within the downtown area. Closed Verbal Communications TOWN COUNCIL PUBLIC HEARINGS 6. Consider a request to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C -2. APN 510 -44 -030. Conditional Use Permit Application U -10 -023. Property location: 49 -51 N. Santa Cruz Avenue. Property owner: Jennifer White. Applicant: Pete Jillo. Council Member Barbara Spector recused from Item #6 due to the fact that her law firm has represented a participant in the hearing. Staff report made by Jennifer Savage, Associate Planner. Open Public Hearing Mr. Kays, Applicant - Commented about the community support for the proposed expansion. - Commented that there have been no reports from the police department relating to the current establishment. - Commented that the current restaurant is small and there is no waiting area. - Commented that the expansion will create a new waiting and pick -up area and open up the restaurant. Council Comments Questioned the applicants need for late night dining. Questioned if the food service counter would be considered as a bar area. Questioned if the existing restroom is an "employee only" restroom. Questioned if the kitchen area would be included as part of the expansion. Questioned if the food service area would include a dish washing area. Questioned if the mixing of alcoholic beverages would be done in the proposed food service counter. Public Hearing Item #6 — Continued Mr. Kays - Clarified that the patrons have requested that they stay open later for such things as after -movie dining. - Clarified that the food service counter seating allows for a person to grab a quick lunch or dinner. - Commented that the food service counter would not be considered a bar. - Clarified that both restrooms would be accessible to the public and one would be ADA accessible. - Confirmed that the food service counter would include a dish washing area. - Commented that the kitchen would not expand. - Clarified that the mixing of alcoholic beverages would be done in the food service counter area. Ms. McRay - Expressed concerns that the "mom and pop" retails in the downtown area are getting pushed out of the small locations and stated that she opposed the expansion of the restaurant. Ms. Smith - Expressed concerns about the loss of retail in the downtown area and commented that many retail purchases are occurring on the internet. - Commented on supporting the proposed expansion of the restaurant. Ms. Hossenlopp - Commented on supporting the proposed expansion of the restaurant. Mr. Caviglia - Commented on supporting the proposed expansion of the restaurant. Mr. Pelzel - Commented on supporting the proposed expansion of the restaurant. Ms. Waitte - Commented on supporting the proposed expansion of the restaurant. Ms. Murphy - Commented on supporting the proposed expansion of the restaurant. Ms. Mahon - Commented on supporting the proposed expansion of the restaurant. Page 5 Public Hearing Item #6 — Continued Ms. Rowe - Expressed concerns about the loss of retail in the downtown area and stated that she opposed the expansion of the restaurant. Ms. Testa - Expressed concerns about the loss of retail in the downtown area and stated that she opposed the expansion of the restaurant. Ms. Ebrahinoun - Commented on supporting the proposed expansion of the restaurant. Mr. Kays - Commented that he has noticed several vacant retail locations in the downtown area. - Commented that Gardino's is a "mom and pop" establishment and has been in business for over 17 years. - Commented that the food service counter may look like a bar, but it is not considered a bar. - Commented that they understand that meals are required with alcohol service. Closed Public Hearing Council Comments - Expressed concerns about losing retail space in the downtown area. - Expressed concerns that the conditional use permit would run with the land. - Commented on maintaining the economic vitality of the downtown. - Expressed concerns that the proposed food service counter looks like a bar. - Commented that Gardino's is located in a small space and understands the need for the expansion of the restaurant. - Commented that Gardino's is a "mom and pop" business in the downtown area. - Commented on the vibrancy of downtown Los Gatos. - Questioned when Ordinance 2021 was adopted. - Questioned if there may be a need for a moratorium on restaurants in the downtown area. Ms. Savage - Clarified that Ordinance 2021 was adopted in 1996 to maintain the balance of uses in the downtown area. Public Hearing Item #6 — Continued MOTION: Motion by Council Member Steven Leonardis to approve the request to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C -2. APN 510 -44 -030. Conditional Use Permit Application U -10 -023. Property location: 49 -51 N. Santa Cruz Avenue and to include the community benefit of two benches located in front of the Movie theatre. Seconded by Mayor Joe Pirzynski. VOTE: Motion failed 212. Council Member Steven Leonardis, and Mayor Joe Pirzynski voted yes. Vice Mayor Steve Rice and Council Member Diane McNutt voted no. Council Member Barbara Spector recused due to the fact that her law firm has represented a participant in the hearing. MOTION: Motion by Council Member Diane McNutt to approve full alcoholic beverage service, and modify hours of operation in accordance of Alcohol Beverage Control (ABC) policy on property zoned C -2. APN 510 -44 -030 with the findings as stated in Attachment 1 of the staff report. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed 311. Council Member Joe Pirzynski voted no and Council Member Barbara Spector recused due to the fact that her law firm has represented a participant in the hearing. For the Record: - Staff will bring a revised resolution as a Consent Item to the meeting of May 16, 2011. Mayor Joe Pirzynski called for a recess at 9:00 p.m. Meeting resumed at 9:10 p. m. Council Member Barbara Spector rejoined the meeting. Page 7 Public Hearings — Continued 7. Planned Development PD -08 -004; and Environmental Impact Report EIR -09 -00 Property location: 15881 Linda Avenue and 15950 Stephenie Lane. Property Owner /Applicant: Mission Way Partners. a. Consider an Amendment to the Final Environmental Impact Report (FEIR) and recertify the FEIR (EIR -09 -001) in connection with the Linda Court Project (PD -08 -004, S -08 -014 to S -08 -020), previously certified on September 7, 2010; and b. Consider ratifying and reaffirming the prior approval of the Linda Court Project consisting of Planned Development Application PD -08 -004 and Architecture and Site Applications S -08 -014 through S -08 -020, on September 20, 2010, to change the zone from R -1:8 to R- 1:8:PD, for a seven -lot subdivision, for a lot line adjustment between two parcels zoned R-1:8,. to demolish a single - family residence, and to construct seven single - family residences. APNS 523 -25 -052 (formerly 020) and 051 (formerly 036) RESOLUTION 2011 -026 Staff report made by Wendie Rooney, Director of Community Development and Heather Bradley, Contract Planner. Council Member Leonardis commented for the record that he has reviewed the previous Public Hearing documents for the proposed project. Ms. Propp Clarified the materials included in the desk item. Open Public Hearing Mr. Crites - Commented that the Town is breaking laws by approving the project. - Commented that the project does not comply with the mandatory subdivision ordinance. Mr. Engrin - Commented that the level of contaminated soil is unknown and should be identified and tested before moving forward with approval of the project. Mr. Faber - Clarified that the item that is before Council is to address one comment made by Judge Nichols. - Commented that Judge Nichols ruled that the project does not conflict with the subdivision ordinance of the Town. Public Hearing Item #7 — Continued Council Comments - Questioned if Mr. Faber will return to Judge Nichols with the Council's decision. Ms. Propp - Clarified that Mr. Faber would be returning to Judge Nichols with Council's decision. Mr. Mangano - Expressed concerns about the proposed project and feels that staff have not properly monitored the developer's execution of the Environmental Impact Report and Mitigation Monitoring Plan. Closed Public Hearing MOTION: Motion by Vice Mayor Steve Rice to adopt resolution re- certifying the FEIR for EIR 09 -001 as provided in Attachment 1 and to ratify and re -affirm the prior approval of the Linda Court project Applications PD -08 -004 and S -08 -014 through S -08 -020. Seconded by Council Member Diane McNutt. Council Comments Council Member Barbara Spector - Express concerns about supporting the second portion of the motion and requested that the Maker of the Motion amend the motion by taking each action as a single motion. - The Maker of the Motion and the Seconder agreed to amend the motion. AMENDED MOTION: Motion by Vice Mayor Steve Rice to adopt resolution re- certifying the FEIR for EIR 09 -001 as provided as Attachment 1. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. Public Hearing Item #7 — Continued _u ►2 §. MOTION: Motion by Vice Mayor Steve Rice to ratify and re -affirm the prior approval of the Linda Court project Applications PD -08 -004 and S -08 -014 through S -08 -020. Seconded by Council Member Diane McNutt. Council Member Steven Leonardis abstained from the second motion due to the fact that he has not participated in the previous hearings related to Item #7. VOTE: Motion passed 311. Council Member Barbara Spector voted no and Council Member Steven Leonardis abstained due to the fact that he has not participated in the previous hearings relating to the project. TOWN COUNCIL/REDEVELOPMENT AGENCY OTHER BUSINESS 8. Introduction of an ordinance amending Chapter 23 of the Town Code regulating newsracks located on or projecting into the public right -of -way. Staff report made by Jessica von Borck. Council Comments - Questioned if the stickers that identify the publisher would affect the aesthetics of the newsracks. - Questioned if the newsrack program will be extended to Los Gatos Boulevard and other locations within Town. - Suggested that staff move forward with enforcement of newsracks in locations outside the downtown area. Ms. van Borck - Clarified that the newsracks would have identification stickers and those stickers would be located inside the units. - Clarified that the current district does not include locations outside the downtown pilot area, but other areas could be identified as a future project. - Commented that in the interim, staff could begin by enforcing the ordinance related to newsracks located along Los Gatos Boulevard and other locations in Town. Page 10 Other Business Item #8 — Continued Open /Closed Public Hearing Mayor Joe Pirzynski directed Jackie Rose, Clerk Administrator to read the title of the ordinance. MOTION: Motion by Mayor Joe Pirzynski to waive the reading of the ordinance. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. MOTION: Motion by Mayor Joe Pirzynski to introduce an ordinance amending Chapter 23 of the Town Code regulating newsracks located on or projecting into the public right -of -way and instruct the Clerk Administrator to publish the summary no less than five days prior to adoption. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator Page 11 THIS PAGE INTENTIONALLY LEFT BLANK